Periodic Payments Orders On The Horizon For Catastrophically Injured Plaintiffs

The General Scheme of the Civil Liability (Amendment) Bill was published in March 2015. It allows a court to provide for index linked annual payments to persons who have suffered catastrophic injuries. The purpose of the legislation is to ensure that those needing long term care have the necessary financial resources to cover such care costs for the duration of their lives. The legislation is intended to be restricted to those who have suffered a catastrophic injury, namely a severe injury involving a serious impairment, the direct and proximate cause of which requires the plaintiff to receive life long, permanent care and assistance.

The Bill provides that a court, awarding damages for future monetary loss in respect of a catastrophic injury, may order that all or part of the damages be paid as periodic payments where it is in the best interests of the plaintiff and the most appropriate method for the future care and medical treatment of the plaintiff. It is